civus
Hearing video

ZBA Hearing - December 8, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 8, 20205h 47m

your email address and the address of the property at issue with that being said before our vice

Similar wording

chair calls our first case we'd like to ask if anyone is requesting a continuance or withdrawal

Similar wording

for this afternoon's hearing in the meantime i will read off a list of continuances that

Similar wording

have already been requested mi 2020-001824 128 north 53rd street mi 2020-000328 4609 hedge

Similar wording

MI 2020-001923-4916 Warrington Avenue.

Similar wording

If the applicant or an attorney is present and you disagree,

Similar wording

If the applicant or an attorney is present and you disagree with the cases that have just been

Similar wording

continued, please raise your hand. And again, I'll repeat, if you're asking for a continuance or

Similar wording

withdrawal, please raise your hand at this time also. Excuse me, Chair. This is Sharon Saleta.

Similar wording

Warrington was actually withdrawn.

Similar wording

oh you're right i got it sorry to mi 2020 does zero zero one nine two three four nine one six

Similar wording

warrington avenue is withdrawn thank you any other requests here we have tina marie russell

Similar wording

she's been unmuted

Similar wording

Ms. Russell, please identify

Similar wording

yourself with a record

Similar wording

you're under oath from earlier today

Similar wording

Ms. Russell, are you here?

Similar wording

I'm sorry, can you hear me now?

Similar wording

Yes, ma'am

Similar wording

Okay, thank you

Similar wording

Tina Marie Russell, North Central Philadelphia

Similar wording

CDC, in reference to

Similar wording

2200 North Lambert Street. Number is 39818 and it's 1037-017. We're asking for a dismissal.

Similar wording

The applicant did not show on the first hearing and she has not been heard from either we reached

Similar wording

out to her than hear from her nor has she reached out to us since um the community meeting that was

Similar wording

held in um august um excuse me this is sharon saletta we have no exhibits for this it was

Similar wording

previously continued on september 30th um and we have an opposition letter from councilman clark

Similar wording

that references the rco opposition um if this is continued we would perhaps make it um must be heard

Similar wording

Yes. MI-2020-0002482200 North Lambert Street is continued must be heard.

Similar wording

Any other requests?

Similar wording

There are no other hands up at this time chair.

Similar wording

Excuse me chair this is Sharon Saleta if you would like at this time to read out

Similar wording

ask if anyone is present here for number eight or number nine i have no exhibits for either of

Similar wording

those cases and they have both previously been continued okay is anyone here for 5419 stewart

Similar wording

street or 5732 catherine we have anyone for either of those cases if so please raise your hand

Similar wording

no hands raised at this time chair thank you mi 2020 that's 000281 5419 stewart street

Similar wording

is continued MI 2020 that's 000251 5732 Catherine Street is also continued. Chair this is Sharon

Similar wording

Saleta again both of those were previously scheduled for 9 30 for rather September 30th

Similar wording

okay so if they could be must be heard yep thank you both of those cases are continued and must be

Similar wording

heard. Any other questions? Okay, before we begin, did we find the gentleman for 150

Similar wording

West Wyoming? Yes. All right, we'll hear that case first. Mr. Lambert, you ready? Yes.

Similar wording

Good afternoon. Good afternoon. Can you put your name and address on the record, please,

Similar wording

and spell your last name yes good afternoon my name is michael lambert last name is spelled l-a-m-v-e-r-t

Similar wording

i'm here with regards to 150 west wyoming avenue

Similar wording

yeah do you swear for all the whole truth and nothing but the truth

Similar wording

absolutely i do do you also agree to wave the reading of the refusal and stipulate to its

Similar wording

accuracy yes i do thank you and have you emailed the exhibit packet with the required documents

Similar wording

including proof of ownership tax compliance a copy of the refusal or referral photos and plans

Similar wording

of the property five days in advance of this hearing and have you met with the rco and do

Similar wording

you have a letter yes we have all of that and we have emailed it to your office i think my

Similar wording

Yes, we have all of that and we have emailed it to your office. I think my, yes, we've emailed it at least once at once.

Similar wording

Okay, thank you. You may proceed.

Similar wording

Thank you so much.

Similar wording

Good afternoon, Mr. Chairperson, Mr. Chairman, and ladies and gentlemen of the board.

Similar wording

I am here with regards to 150 West Wyoming Avenue.

Similar wording

We're asking the board to allow my client to put a barbershop in this particular facility or this particular property.

Similar wording

This building was created initially as a C2 when the district was designated as C2, built as a commercial in the 1930s.

Similar wording

And it's maintained that commercial status for the most part, specifically 41.

Similar wording

It was a tailor shop, 1967 a retail store, 70 a candy, 75 a retail store.

Similar wording

Again, all having two families.

Similar wording

Lambert, hard to interrupt.

Similar wording

Do you have anything to show us?

Similar wording

Yes, I'd like to share my screen now, if I may.

Similar wording

Yeah, and if I can interrupt also, I'm reading where it says this permit is for the erection of an awning sign.

Similar wording

signed accessory to a barbershop on the entire first floor yes yes that is part of that is

Similar wording

part of the request yes but we we really want to make this a there's two of them really the

Similar wording

main thing is really to allow uh the um the client to run this facility as a barbershop

Similar wording

and to put up the awning yes sir okay is there anything wrong with the way this is being uh

Similar wording

described Sharon?

Similar wording

I'm sorry, Chair, I need a minute to go back and check the refusal.

Similar wording

Sure, sure.

Similar wording

If you'd like, Mr. Lambert could continue while I do that.

Similar wording

Please proceed, Mr. Lambert.

Similar wording

Thank you, sir.

Similar wording

I'd like to continue sharing my screen everything. So I wanted to briefly to provide the panel

Similar wording

with my document specifically the RCO that was that was approved. I also have a copy of the

Similar wording

site plan that i just provided um i don't want to go too fast let me know this is the history of the

Similar wording

zoning to show that it was uh it's actually vacant right now and since it was zoned as commercial

Similar wording

before we're trying to ask the panel to just allow it to continue to be zoned as commercial

Similar wording

on the first floor um that's the history keep going

Similar wording

you have seen also the letter of support that's the site plan and we also have

Similar wording

photographs bear with me so that's a photograph of the first floor keep going

Similar wording

that's inside keep going more inside photos keep going all the way through that's the front again

Similar wording

that's the windows and that's a picture of the whole building so those are the photographs keep

Similar wording

going those are all the photographs that we're providing to the board and um essentially at the

Similar wording

end of the day from when we're looking at this we um the community has no issues with uh the um

Similar wording

the barbershop one and two we want to uh keep it in the spirit of the community

Similar wording

because as we said earlier it's for the last 60 70 years has been a commercial district

Similar wording

for the most part and um you know my client has been active in the community for years

Similar wording

um many many years he's owned a barbershop across the street he now wants to buy this property

Similar wording

make the repairs

Similar wording

and take it from there

Similar wording

and be able to open this barbershop

Similar wording

in the near future.

Similar wording

Excuse me, this is Sharon Saleta.

Similar wording

I did check the application.

Similar wording

It was, the use was applied for.

Similar wording

So the barbershop use is before you.

Similar wording

I'm sorry, I didn't hear that.

Similar wording

Barbershop is part of the application.

Similar wording

Okay.

Similar wording

Yes, it is.

Similar wording

Yeah, because on our sheet,

Similar wording

Sharon, it doesn't show that.

Similar wording

I know, the wording is very strange.

Similar wording

You should suggest it's on the sign.

Similar wording

No problem.

Similar wording

No problem. All right, Mr. Lambert, if you could tell, I'm sorry, you can summarize. That would be helpful.

Similar wording

All right, Mr. Lambert, if you could...

Similar wording

I'm going to tell him.

Similar wording

Yes. In summary, the bottom line at the end of the day, from our perspective, is we're asking the board to allow us to make this a barbershop in continuance with what the history of this property has been zoned as commercial.

Similar wording

So it does not go against the values of the community.

Similar wording

As we see, the RCO has provided a letter in support.

Similar wording

We have provided a copy of the proposed plans, and we've also provided a photograph.

Similar wording

Do you want to ask your client if they adopt your testimony?

Similar wording

Yes.

Similar wording

Of course, indulgence.

Similar wording

They're actually on the Zoom.

Similar wording

I don't know if we have to allow them to come in.

Similar wording

I'm not the best technologically advanced person.

Similar wording

So I would ask our clients to check in.

Similar wording

They would have to put their hands up.

Similar wording

Is that Alvarez?

Similar wording

Yes.

Similar wording

Yes, ma'am.

Similar wording

They've been unmuted and they can speak.

Similar wording

Ma'am, if you can identify yourself for the record, spell your last name.

Similar wording

Yes, I am.

Similar wording

Alvarez.

Similar wording

Please spell your name.

Similar wording

He's A-O-B-A-R-E-V.

Similar wording

And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

Similar wording

Yes.

Similar wording

Please proceed.

Similar wording

Thank you.

Similar wording

You've heard the testimony that I've provided today, correct?

Similar wording

Yes.

Similar wording

Do you adopt everything that I've said, and do you agree with it?

Similar wording

Yes.

Similar wording

Thank you.

Similar wording

any questions from the board no anyone else like to testify in this case if so please raise your

Similar wording

hand chair we have sloan folks he's been unmuted thank you good afternoon mr folks

Similar wording

you're still under please identify yourself with a record good afternoon once again chairman

Similar wording

de Chica. My name is Sloan Foulkes, Office of Councilwoman Maria Quiñones-Sanchez, room 508.

Similar wording

Our office originally submitted a letter of non-opposition based on the community meeting

Similar wording

back in July 16th of this year when we expect the payments to be heard on July 22nd.

Similar wording

I am testifying on the record to reaffirm our non-opposition. Also, that there was a request for a proviso in the letter of support that was sent to the ZBA, and the letter of support, and the proviso at the bottom of the letter requested that the applicant return to the ZBA after two years to ensure that they would maintain the hours of operation

Similar wording

a Sunday 9 a.m to 9 Sunday I'm sorry Monday through Sunday 9 a.m to 9 p.m

Similar wording

with a total of five chairs. Excuse me this is Sharon Saleta but if the board were to add those

Similar wording

provisos would there be a need to return in two years since they would be enforceable?

Similar wording

and he owns it right it's not a lease

Similar wording

yeah mr folks we're going to do the hours of operation i don't know could we limit the number

Similar wording

of chairs um you could probably do that yes limit five chairs and you know they would remain

Similar wording

enforceable for the duration of the variance you understand that mr folks i understood and thank

Similar wording

Thank you very much.

Similar wording

Thank you.

Similar wording

Any, anyone else would like to testify in this case?

Similar wording

No hands.

Similar wording

Thank you, Planning Commission.

Similar wording

Good evening, Board.

Similar wording

Peter Bernard for the Planning Commission.

Similar wording

this property is indicated for multi-family residential in the comprehensive plan

Similar wording

and has not yet been remapped it is clear from the materials presented that the property has

Similar wording

a long history of being used for commercial mixed use accordingly we have no objection

Similar wording

to the granting of the variance thank you mi 2020-000186 150 west wyoming avenue my vote is yes

Similar wording

with the following provisos. Hours of operation Monday through Sunday 9 a.m. to 9 p.m. Maximum

Similar wording

Monday through Sunday, 9 a.m. to 9 p.m., maximum five chairs.

Similar wording

five chairs.

Similar wording

Yes, with proviso.

Similar wording

Yes, with proviso.

Similar wording

Yes, with proviso.

Similar wording

Thank you.

Similar wording

Are we going to Lambert Street?

Similar wording

Or was that continued?

Similar wording

We're going to Watt Street, correct?

Similar wording

Number three?

Similar wording

Okay, calendar number 0222, 305 South Watt Street.

Similar wording

This is Sharon Saleta, Councilman Squilla, and the RFCO oppose.

Similar wording

We have Ryan Boland. He's been promoted to panelists.

Similar wording

Good afternoon.

Similar wording

Good afternoon. Can you put your name and address on the record, please?

Similar wording

Yes. Ryan Boland, B as in boy, O-L-A-N-D, 1801 Market Street, Suite 2300, Philadelphia, Pennsylvania, 19103.

Similar wording

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

Similar wording

Yes, I do.

Similar wording

Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

Similar wording

We agree to waive the reading of the refusal, but will not stipulate as to its accuracy as we dispute that the one-year rule applies.

Similar wording

Okay. Have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance, refusal referral, photos and plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

Similar wording

Yes, as to everything except we never received the copy of the letter from the RCO.

Similar wording

okay you may proceed um excuse me mr if you could um specifically address the one-year rule because

Similar wording

the board will have to both separately on that yes certainly um so the one-year rule does not

Similar wording

apply here because there were some substantial changes made first off the height was reduced

Similar wording

And secondly, the rear setback was also reduced, and we have changed the use here.

Similar wording

This was a single-family home, and it has been changed to a duplex.

Similar wording

So the plans now show that there's a small efficiency unit on the first floor.

Similar wording

I'm happy to go into that in more detail, but that's the gist of why the one-year rule does not apply.

Similar wording

And so I'm here today. I represent Max Richardson. He is also on the line. We are here seeking dimensional variances.

Similar wording

And I think it's important before I go into the presentation to understand what we're dealing with here.

Similar wording

This is what my client sees when he steps out his front door.

Similar wording

So the lot here, the 300 block of Watt Street, it's a small street that's located just south of Spruce Street, just north of Pine, just west of Juniper, just east of Broad Street.

Similar wording

And as you can see, this is what he sees, which is a new building that's going up that's only 20 feet shorter than City Hall.

Similar wording