civus
Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

bedroom per dwelling unit no household living in basement i vote yes

Similar wording

michael johns my vote is yes with provisals

Similar wording

cheryl gaston my vote is yes with provisals

Similar wording

and i agree my vote is yes with provisals i went my vote is yes with provisals

Similar wording

thank you

Similar wording

thank you counsel

Similar wording

number 7

Similar wording

MI 2024

Similar wording

004-230-709

Similar wording

South Tevin 17th Street

Similar wording

Roger Perry is the attorney

Similar wording

there's a letter of support from

Similar wording

South of South Neighborhood Association

Similar wording

coming back in as a panelist

Similar wording

Mr. Chair

Similar wording

Mr. Chair

Similar wording

Good morning, Mr. Perry.

Similar wording

Hi.

Similar wording

Oh, here I am.

Similar wording

Okay.

Similar wording

Thank you very much.

Similar wording

I can share my screen.

Similar wording

Perry, could you please state your name and spell for the stenographer?

Similar wording

Yes.

Similar wording

My name is Roger Perry.

Similar wording

You may adjust my camera a little bit here.

Similar wording

R-O-G-E-R-P-E-R-R-Y.

Similar wording

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

Similar wording

I do.

Similar wording

Do you identify your client and their relationship to the property?

Similar wording

Yes.

Similar wording

My clients are Jennifer Blaine and Michael Sussman, who are the owner-occupants of 709 South 17th Street through to Chadwick Street, and I'm representing them with regard to this application for a carport.

Similar wording

Our vice chair has a few questions.

Similar wording

Morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

Similar wording

Yes, I do.

Similar wording

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

Similar wording

Yes, I have.

Similar wording

Thank you, counsel.

Similar wording

Please proceed and share your screen.

Similar wording

Okay, I'm trying to, oops, Zoom, where am I?

Similar wording

Ah, it disappeared.

Similar wording

Okay, I have it, but you don't have it, right?

Similar wording

It has a zoom screen as post attendee, but I don't have the video. Can you hear me?

Similar wording

We hear you.

Similar wording

Okay. Well, I don't know why the...

Similar wording

Our tech person, please, William.

Similar wording

Yes, you don't see share at the bottom of your screen?

Similar wording

where's the center green button and what it came up is post attendee zoom and i just have a big

Similar wording

screen that says zoom i need to get to that back to my video and share screen i'm sorry say that

Similar wording

again you just see what i have a screen that just says zoom post attendee zoom close that

Similar wording

um if are you on windows or mac uh this is probably windows all right so along the bottom

Similar wording

do you see another along the taskbar do you see another zoom icon or do you see two zoom like

Similar wording

like if you hover over the zoom icon on the bottom do you see the the two zoom screen zoom

Similar wording

screens okay i have zoom support that doesn't do me any good now apparently on the zoom screen

Similar wording

let me close that okay i'm back to uh my exhibits and

Similar wording

And do you see your Zoom icon on the taskbar?

Similar wording

Do you see your Zoom icon on the taskbar?

Similar wording

No.

Similar wording

All right.

Similar wording

So, Mr. Perry, you have two cases with us right in a row.

Similar wording

So what I'm going to do is I'm going to go past you and come back.

Similar wording

So see if you can get that straight.

Similar wording

Okay.

Similar wording

No, that's fine.

Similar wording

Okay.

Similar wording

I'll reopen.

Similar wording

I'll restart the Zoom.

Similar wording

Thank you.

Similar wording

All right.

Similar wording

I'm going to call you back because you've got two cases right in a row.

Similar wording

Number 12, MI 2024, 004-288-2848 South 12th Street.

Similar wording

Pascual Calavita is the attorney.

Similar wording

There's a letter of support and opposition from the South Philadelphia Community Civic Association.

Similar wording

Mr. Perry, we'll be back to you.

Similar wording

You're going to have to go out, okay?

Similar wording

Thank you very much.

Similar wording

Mr. Colavito.

Similar wording

Mr. Colavito.

Similar wording

Jason, do we see him?

Similar wording

yes he's coming back in as a panelist now chair oh thank you lakisha

Similar wording

good morning good morning mr calavito could you please state your name and spell for the

Similar wording

personographer. Sure. Pasquale Colavita, P-A-S-Q-U-A-L-E, C-O-L-A-V-I-T-A, attorney for 2848S 12th Street, LLC.

Similar wording

Are you referring to tell the truth, the whole truth, and nothing but the truth?

Similar wording

I do. Our vice chair has a few questions, sir.

Similar wording

Good morning, counsel. Do you agree to read the reading of the refusal or stipulate to its accuracy?

Similar wording

I do. Have you emailed in all the required documents or exhibits that's

Similar wording

needed to proceed with this case five days in advance of this hearing i have with the exception

Similar wording

of uh a document that i sent last night which were interior of plans we we had a um

Similar wording

understood i'm hearing about your screen thank you

Similar wording

As indicated, I'm the applicant for 2848 S 12th Street LLC regarding the property with the same address attached.

Similar wording

And what I will mark and move into evidence are exhibits A through K, starting with the deed, as well as the notice of refusal.

Similar wording

these have all been submitted uh with the exception again as um of exhibit f and i had

Similar wording

conversations with board counsel hillary emerson prior to this so this was initially a

Similar wording

application as you can see the d this was purchased in 2016 by my client

Similar wording

and the refusal it initially had two refusal had a dimensional as well as a use refusal

Similar wording

It's going to still have the same two refusals, but what we have done is in the proviso, what I can show is the architectural renderings.

Similar wording

And let's see, Exhibit G. After meeting with the local RCO, we had agreed to no longer do any construction on the property itself in terms of the previously proposed third story.

Similar wording

And the only thing that we're asking for at this point would be a two-family dwelling in a CMX1 zone, which is not permitted.

Similar wording

Also, the dimensional variance requested is due to a pre-existing non-conforming use.

Similar wording

as you can see this this is the actual property itself and it and it encompasses the entire

Similar wording

plot of the the deed

Similar wording

and we filed a so i guess the the hardship here is that we would have to tear down what it is as well

Similar wording

as if you look at what i'm going to do is i'm going to stop sharing this for one second i want

Similar wording

to go and share a different screen which would be the google view same exact thing but then

Similar wording

if you look at atlas this entire area is rsa 5 with the exception of the the two uh there's

Similar wording

three properties on i'll call it uh three blocks you got 13th street 12th street and 11th street

Similar wording

I'll call it three blocks. You've got 13th Street, 12th Street, and 11th Street. Between those two

Similar wording

between those two.

Similar wording

blocks, you have all CMX1. Across the street is, I forget what they have referred to, but

Similar wording

we used to call it Southern's Field. So, this is South Philadelphia High School,

Similar wording

their field right under here. And then you have Marconi Plaza to the west of it.

Similar wording

so what what uh mr bonforte the sole member of the llc is proposing is a two-family dwelling

Similar wording

right now presently on the previously on the first floor that used to be a a bar and that has

Similar wording

not been a bar for ages what mr bonforte also owns all of the green eggs cafes and he utilizes it

Similar wording

for storage of some of the equipment and like there right now to keep it in with the required use.

Similar wording

So I'm going to stop sharing this again, go back to our PDFs, and so this, again, is the proposed use.

Similar wording

This is what the second floor presently looks like, and the first floor is going to be proposed to be a single-family dwelling with the basement as existing for storage and utility and mechanical use only.

Similar wording

We did meet with the community group.

Similar wording

We did post, as required, on both sides of the property, being a corner property.

Similar wording

within the requisite time. We received a letter of support from the community group,

Similar wording

and as indicated, it keeps in character with the neighborhood. The entire neighborhood is,

Similar wording

in essence, their single-family homes, as well as if you go a couple blocks down,

Similar wording

there are some multifamily dwellings on corner properties and the like, but it is a residential

Similar wording

area to change it to to require it to be cmx and go back to say a bar was not a desire of the

Similar wording

neighborhood or the neighbors in in the area and it will the the i guess the bigger thing here is

Similar wording

that with this he'll be doing construction we'll be upgrading its look cleaning it up obviously

Similar wording

And again, just ask that this board approve this for it again to to one of the hardships here would with respect to the dimensional aspect of it would be that it would have to cut into the rear yard.

Similar wording

It's been there. I lived in the neighborhood for ages. Mr. Bufforte lived in the neighborhood for for quite some time.

Similar wording

I think it may be his whole life. As far as I recall, that property covered the 100%. This is

Similar wording

nothing that had occurred that was caused by Mr. Bonforte. He did not do any construction on the

Similar wording

property, nor did the previous client, I'm sorry, the previous owner. And the reason I state that

Similar wording

is because one of my other clients sold this property to him. So this property has been

Similar wording

in that condition and built in that way for multiple decades. Again, as far as I can remember,

Similar wording

I'll go back to the age of 10. So we're talking about at least 46 years that it was in that

Similar wording

condition. I used to play at the park right across the street. But again, just ask that this board

Similar wording

take that into consideration when making their ruling.

Similar wording

Can you bring your client on, please? Sure. He may be, it's either under William

Similar wording

Bonforte or it may actually be under my name also, because my secretary assisted in registering him.

Similar wording

Do we see his hand? I've been about to speak.

Similar wording

Could you please state your name and spell for the stenographer?

Similar wording

Yes, good morning, Board. My name is William Bonforte, W-I-L-L-I-A-M, Bonforte, B-O-N-F, as in Frank, O-R-T-E.

Similar wording

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

Similar wording

I do.

Similar wording

Please proceed, Counsel.

Similar wording

Good morning, Mr. Bonforte. Did you have the opportunity to hear my testimony this morning?

Similar wording

I did.

Similar wording

okay do you agree to its accuracy and truthfulness yes and you if you were to testify would you have

Similar wording

Yes. And you if you were to testify, would you have adopted it as your own?

Similar wording

adopted it

Similar wording

I would. OK.

Similar wording

Questions from the board.

Similar wording

Just just a comment aside from the bit of a conflict between the entrance door to I believe it's the first floor unit.

Similar wording

Nicely laid out unit. Thanks for putting in furniture. Looks good in terms of a layout for two one-bedroom units.

Similar wording

Other questions or comments from the board?

Similar wording

I have a question about the basement access. I know you said it's retained that both the units are going to have access to the basement.

Similar wording

And how are they accessing the basement?

Similar wording

i i did not state that but mr um because i i honestly i don't know the answer to that question

Similar wording

mr bonforte can can discuss that portion of it thank you pat um there are existing

Similar wording

is an existing entranceway from the outside into the building that we will make available

Similar wording

to the tenants, individual secured space for storing some personal belongings, along with

Similar wording

a segregated area for the fire alarm and mechanical systems and heating systems, and also some

Similar wording

common space for some, like, bicycles and or some trash storage area.

Similar wording

It currently has a set of bulkhead doors with entrance.

Similar wording

And just to be clear, because I'm looking at your plan, those are that bulkhead entrances off Bigler Street through the Bilco doors?

Similar wording

That is correct.

Similar wording

Okay. And then the first of the confirming the first floor unit has two separate entrances.

Similar wording

The second floor unit only has the one entrance with the stair.

Similar wording

Yes, the second floor entrance is existing.

Similar wording

We are going to add, as I believe co-chair had expressed, a wider, unencumbered entrance for furniture, leaving the corner unit door there, so there could be a little bit of use of that front area as a bit of open space for the first floor.

Similar wording

Thank you.

Similar wording

Other questions from the board?

Similar wording

Questions or comments from our attorney, Hillary Emerson?

Similar wording

Just briefly, Mr. Chair, in terms of the changes that have been made to the project since it was originally proposed, I do not think we actually need to stamp revised plans.

Similar wording

I think the changes can be addressed via proviso, indicating that the maximum number of units is two and that there are no changes to the existing structure.

Similar wording

Thank you. Questions or comments from the virtual audience?

Similar wording

I do not see any further hands, Mr. Chair. Planning Commission.

Similar wording

Thank you, Chair Bergman. Sarah Bond with the Philadelphia City Planning Commission.

Similar wording

In 2019, the zoning map was amended to CMX1 at this location in accord with recommendations from the comprehensive plan.

Similar wording

The proposed use of dimensions will not cause detrimental impacts to the neighborhood beyond what normally be expected.

Similar wording

The City Planning Commission recommends that the Board grant the variance.

Similar wording

MI 2024-004-288-2848 South 12th Street, I vote yes with proviso.

Similar wording

Maximum two dwelling units, no change to existing structure.

Similar wording

Michael Johns, my vote is yes with proviso.

Similar wording

Cheryl Gaston, my vote is yes with proviso.

Similar wording

Teneda Graham, my vote is yes with proviso.

Similar wording

Iowa, my vote is yes with proviso.

Similar wording

Ishmael Shaheed, my vote is yes with proviso.

Similar wording

Number 15.

Similar wording

Thank you.

Similar wording

Thank you, counsel.

Similar wording

MI 2024-004-297-4807-61 Westminster Avenue.

Similar wording

William Kerr is the attorney.

Similar wording

They're coming back in as a panelist, sir.

Similar wording

There is a letter of opposition from Mill Creek Advisory,

Similar wording

But Councilmember Gauthier has taken a position of support.

Similar wording

Mr. Kerr.

Similar wording

Yes, good morning, Mr. Chair.

Similar wording

Can you hear me okay?

Similar wording

I can.

Similar wording

Could you please state your name?

Similar wording