Thank you.
Good morning, everyone.
My name is Bill Bergman, and I will be chairing this morning's EBA hearing.
With me is our board member, Cheryl L. Gaston.
Present, Mr. Chairman.
Our board member Tanetta Graham.
Present, Mr. Chairman.
Our board member Michael Johns.
Present, Mr. Chairman.
Board member Ty Wynn.
Present, Mr. Chairman.
And we are very fortunate this morning to announce one of our newer board members, Ryan McAdams, will be one of our new board members.
Ryan's a business agent for Union 420, the steam fitters.
He's a lifelong Philadelphian and literally has worked on numerous projects throughout the city of Philadelphia.
And Ryan, we are very happy to have you on this team and you do nothing but make it a little bit better.
Thank you. Right. And also here is Hillary Emerson, our attorney.
And our board administrator, Lakeisha Dandy.
Recording of this hearing will be posted on the ZBA website.
by participating you consent to be recorded there is an in-person meeting with remote capabilities
whether remote or in person if you're called to speak you must state and spell your name
and wait to be sworn in once you've been sworn in please state your name each time before beginning
your testimony any person may enter their appearance to become an interested third party
there are three ways you can identify the case property address on your zoom webinar registration
you can see a staff member or you can call the zba appearance line by the close of business
tomorrow call 267-270-5548 leave a message that includes your email and the address of the
property of the appeal case the following guidance is for our remote attendees when directed by the
chair you must raise your virtual hand in order to recognize be recognized to speak second if
you're called to testify, you will be prompted to join as a panelist. Please accept the request
and turn on your camera. Third, the webinar Q&A is for questions about the hearing. Do not comment
on cases in the Q&A. Fourth, if you're participating by phone, press star 9 to raise your hand and star
6 to unmute. For our in-person attendees, refrain from talking, eating, or drinking during the
hearings. Verbal and physical aggression will not be tolerated. Restrooms are across from the
elevators. A water fountain is just outside the room. When speaking on the record, you must speak
directly into the microphone in order to be heard by all attendees and the court reporter. In the
event of an emergency, please follow the direction given over the public address system or by the
staff. The main exit is through the double doors at the rear. The nearest stairwell is to the left
outside the doors. In case of an evacuation, the rally point is at Love Park directly across
art street please remain there so we can account for you let's look at our schedule
number number six
no i'm sorry no let me get that right i'm sorry number one number one we're going to hear number
sense. Number one, MI 2024, 005-525-1222 West Luzerne Street. Tito Reynolds is the listed owner.
E.B. Reyes is the listed applicant. There are no exhibits. This is the second listing. No one
appeared the first time. Good morning, Chair. This is Jasmine, and I will be your co-host today.
I see no one in the audience by that name.
Thank you.
MI 2024-005-525-1222 West Luzerne Street.
No listing.
No one appeared.
No exhibits.
No one appeared the first time.
I vote to dismiss.
Michael Johns, my vote is to dismiss.
Michael Johns, my vote is to dismiss.
Gerald Gaston, my.
Gerald Gaston, my vote is to dismiss.
Tanetta Graham, my vote is to dismiss.
Tywin, my vote is to dismiss.
Ryan McAdams, my vote is to dismiss.
Thank you. Are there any requests for continuances in the audience?
I see no hands at this time, Chair.
Okay, we're going to go to our add-on list.
number one mi 2024 002 371 1639 east cheltenham avenue i vote yes
michael johns i vote yes cheryl gaston my vote is yes i win my vote is yes
ryan mcadams my vote is yes we don't need your vote for the yeah you can't that's my
Number two, MI 2024-005-506-5351 Wayne Avenue.
Okay, thank you.
This case will be scheduled for a resumptive hearing.
Number three, MI 2025-00384-5052-56 City Line Avenue.
The vote in this matter has been rescheduled to Wednesday, June 25th at 9.30 p.m.
Number four, MI 2025-001-077-4169 Lancaster Avenue.
I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tywin, my vote is yes.
Number five, MI 2023-003-305-8085-Rolland Street.
I vote yes.
Temporary variance expires 6-19-28.
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is yes with proviso.
Tanetta Graham, my vote is yes with proviso.
Tywin, my vote is yes with proviso.
Number six, MI2024-006-674-4611 Emory Street.
I vote yes.
Michael Johns, my vote is yes.
Cheryl Gaston, my vote is yes.
Tanetta Graham, my vote is yes.
Tyowin, my vote is yes.
Number seven, MI2025-001-394-2044 Iron Street.
This is a request for reconsideration and rehearing. I vote no to reconsideration and rehearing.
Michael Johns, my vote is no for reconsideration and rehearing.
Cheryl Gaston, my vote is no to reconsideration and rehearing.
Tyra Wynne, my vote is no to reconsideration and rehearing.
Number eight, MI 2024, 004-578-1722 Ridge Avenue.
I vote no to reconsideration and rehearing.
Michael Johns, my vote is no to reconsideration and rehearing.
Cheryl Gaston, my vote is no to reconsideration and rehearing.
Tanetta Graham, my vote is no to reconsideration and rehearing.
Iowan, my vote is no to reconsideration and rehearing.
We're going to go to our regular list.
Number two, MI 2024.
005-575-1005-North 6th Street.
Andrea Solomon is the attorney.
Andrea Solomon has been promoted to penalist.
Good morning, counsel.
Good morning.
Counsel, could you please state your name and spell for the stenographer?
Andrea Solomon from Claire Harrison, Harvey Brandsburg.
That's A-N-D-R-E-A-S-A-L-O-M-O-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Could you identify your client and relationship to the property?
My client is CWMLP, the owner of the property.
With me here is Robert Marquiss.
He's with us virtually.
He's the authorized representative.
And with me also is Peter Tantala, the engineer.
year. You waive the reading of the refusal. Do you agree with its accuracy? I'll just note for
the record that the refusal, we've submitted a proviso form and plans, which eliminates two
of the refusals. Why don't you share your screen and start your presentation? Absolutely.
i i would note that there is support for northern liberties association
and also a letter of non-opposition from council member young
i'm not seeing the option yet to share my screen so perhaps i'm not a panelist yet been promoted
i see it now thank you okay
I see it now.
Okay. Okay. We're here today for 1005 North 6th Street for the application of the erection of an accessory pergola in the side yard. The original application was for two pergolas, one in the side yard and one in the rear yard.
After a series of meetings with the near neighbors on Northern Liberties Neighbors Association, we've reduced the pergolas to just the one in the in the side yard.
this is the um pro the property it's just south of gerrard avenue on sixth street it's zoned rsa 5.
um a closer aerial of the property uh where my mouse is is where we're proposing the pergola
here in the side yard. It's a semi-detached structure, four stories in the front, and
it terraces down to two stories in the rear. Here are the plans that are revised and were
submitted so we've reduced to just the pergola in the side yard as part of the conversation with
the rco we've also aligned it with the building structure and set it back a little bit from the
property line as i mentioned the original proposal was for for two but we've reduced it to one
So the remaining, the two refusals for the pergola in the rear yard have been eliminated
and the remaining refusals are just for the structure in the side yard.
This is a rendering of what the pergola will look like.
It's a max height of 12 feet.
It's open lattice.
It does have a shading component that's retractable.
This is an image of the front of the property.
Here you can see where the entrance to the side and rear yard is.
And this is an image of the side yard where the proposed pergola will be located.
the property owner has already made significant improvements to the open area in the back.
He repaved the entire rear and the pergola is really an amenity for the residents of the
he wants to provide shading so that the rear yard can really be used especially in the summer months.
uh here you can see the the side yard where the pergola will be located um the rear yard
there's a an entrance from exit to from one of the units
the refusal which I mentioned two of the refusals have already been eliminated
and as chairman bergman stated we have support from the northern liberties association
um with that i'll ask that mr marquis be promoted so that he can adopt my testimony
marquis if you are in the virtual audience please raise your virtual hand
do we see his hand no chair and i do not see anyone by that name so counsel you're an officer
of the court we will take her testimony um do you want to introduce your engineer yes
mr peter tantala is here with me also
good morning please state your name and spell for the stenographer yes good morning my name
is peter tantala t-a-n-t-a-l-a i'm with tantala associates consulting engineers
do you swear or affirm to tell the truth the whole truth nothing but the truth
i do counsel please proceed mr gentella can you state for the record your relationship to this
project i can uh we were retained by the property owner uh bob
I can. We were retained by the property owner, Bob Marquis, to construct a zoning site plan
for submission to L&I in order to obtain a zoning and building permit. L&I had issued a refusal on
the four bases, really. We originally submitted for two such pergolas, as you've seen,
uh one in the rear yard one in the front yard of the property uh l and i had um seen these pergolas
as occupied area whereas they're really open lattice hardscaping almost landscaping type
structures um and they issued refusal one for each of the pergolas on that basis as well as
one for each um that they are in the side yard and the other is in the rear yard
and you went to the to various rco meetings correct we did the i'm sorry yeah and and this
is a result of the conversations with them correct uh the northern liberties neighbors
association had been identified as the coordinating rco for this job we met with them on three
occasions over the course of the better part of a year um and crafted the uh resubmitted proviso
plan which you see before you which includes not two pergolas but now it's been reduced to one
pergola the overall pergola area has been reduced as well from roughly 330 square feet down to
roughly 285 square feet and it would be one instead of two occupying the side yard a portion
of the side yard only and none in the rear yard right okay thank you very much thank you so with
that we ask for the requested questions from the board so I have a few questions about uh one
drainage and two ground cover so it looks like the uh if you back to the image of the changes
there's a level change and so uh how is the structure going to account for the fact that
you've got two different heights of the ground level I'm sorry so you're referring 20 gig
closer to me i'm sorry i'm sorry uh ms win you're referring to the level change as the new surface
level so like is the pergola only on the checkered patio area or that is where it is proposed correct
it's only on that one area yeah and with regard to uh imperviousness i think was the other question
it is an open top open lattice structure it will not accumulate or retain any rain
what about when the when the shade structure is on like are those fabric parts gonna
hold water or drain water all to one area and they really should not the fabric the fabric
pieces are not one consistent compliant cover over the entire things they're really separate
between each lattice such that there is interstitial space between the lattices and the cover
that rain can you know can go through okay and then the last question i have is how is it being
anchored to the ground the structures are proposed to have uh poured reinforced concrete
embedded uh footings beneath each column other questions from the board
questions questions are kind of smart attorney holyra emerson uh just briefly um i just want
We did not get a proviso plans form.
We only have the revised plan, so we do would need a copy of that.
And just to in comparing the original and the revised plans, it looked like the pergola
that was originally proposed in the side yards was actually elongated once the pergola in
the rear was removed.
Is that correct?
So it's almost looked like it was like two pergolas back to back then, as opposed to
one in the side yard.